Books and Records; Inspections. Each Credit Party will, and will cause each of its Subsidiaries to, keep proper books of record and accounts in which full, true and correct entries in conformity in all material respects with GAAP shall be made of all dealings and transactions in relation to its business and activities. Each Credit Party will, and will cause each of its Subsidiaries to, permit any authorized representatives designated by any Lender to visit and inspect any of the properties of any Credit Party and any of its respective Subsidiaries, to inspect, copy and take extracts from its and their financial and accounting records, and to discuss its and their affairs, finances and accounts with its and their officers and (so long as a representative of Holdings or Borrower has been afforded a reasonable opportunity to be present at such discussions) independent public accountants, all upon reasonable notice and at such reasonable times during normal business hours and as often as may reasonably be requested; provided that, unless a Default has occurred and is continuing, Borrower shall not be required to pay the expense of any such visit by a representative of a Lender, and shall only be required to pay the expense of two such visits by a representative of Administrative Agent during any Fiscal Year.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Second Lien Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Second Lien Credit and Guaranty Agreement (Boise Inc.)
Books and Records; Inspections. Each Credit Party will, and will cause each of its Subsidiaries (including any Securitization Subsidiary) to, keep proper books of record and accounts in which full, true and correct entries in conformity in all material respects with GAAP shall be made of all dealings and transactions in relation to its business and activities. Each Credit Party will, and will cause each of its Subsidiaries (including any Securitization Subsidiary) to, permit any authorized representatives designated by any Lender the Administrative Agent to visit and inspect any of the properties of any Credit Party and any of its respective SubsidiariesSubsidiaries (including any Securitization Subsidiary), to inspect, copy and take extracts from its and their financial and accounting records, and to discuss its and their affairs, finances and accounts with its and their officers and (so long as a representative of Holdings or Borrower has been afforded a reasonable opportunity to be present at such discussions) independent public accountants, all upon reasonable prior written notice and at such reasonable times during normal business hours and as often as may reasonably be requested; provided thatprovided, unless a however, that Holdings shall only be responsible for the expenses relating to the foregoing (a) for one visit per Fiscal Year if no Event of Default has occurred and is continuing, Borrower shall not be required to pay continuing and (b) during the expense continuation of any such visit by a representative an Event of a Lender, and shall only be required to pay the expense of two such visits by a representative of Administrative Agent during any Fiscal YearDefault.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD)
Books and Records; Inspections. Each Credit Party willshall, and will shall cause each of its Subsidiaries to, keep proper books of record and accounts in which full, true and correct shall be made to enable the preparation of the financial statements entries in conformity in all material respects with GAAP shall be made of all dealings and transactions in relation to its business and activitiesGAAP. Each Credit Party willshall, and will shall cause each of its Subsidiaries to, permit any authorized representatives designated by Administrative Agent and any Lender (when accompanying Administrative Agent) to visit and inspect any of the properties of any Credit Party and any of its respective Subsidiaries, to inspect, copy and take extracts from its and their financial and accounting records, and to discuss its and their affairs, finances and accounts with its and their officers and (so long as a representative independent public accountants; provided, that the representatives of Holdings or Borrower has been afforded a reasonable such Credit Party shall be given the opportunity to be present at or participate in any such discussions) independent public accountantsdiscussion, all upon reasonable notice and at such reasonable times during normal business hours and as often as may reasonably be requestedhours; provided further that, unless a an Event of Default has occurred and is continuing, Borrower (a) Borrowers shall not be required to pay the expense of any such visit by a representative of a Lender, and shall (b) only be required to pay the expense of two such visits by a representative of Administrative Agent shall be permitted during any Fiscal Year.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (New GGP, Inc.)
Books and Records; Inspections. Each Credit Party will, and will cause each of its Subsidiaries to, keep proper books of record and accounts in which full, true and correct entries in conformity in all material respects with GAAP shall be made of all dealings and transactions in relation to its business and activities. Each Credit Party will, and will cause each of its Subsidiaries to, permit any authorized representatives designated by Administrative Agent (unless an Event of Default has occurred and is continuing, in which case such authorized representatives may be designated by any Lender Lender) to visit and inspect any of the properties of any Credit Party and any of its respective Subsidiaries, to inspect, copy and take extracts from its and their financial and accounting records, and to discuss its and their affairs, finances and accounts with its and their officers and (so long as a representative of Holdings or Borrower has been afforded a reasonable opportunity to be present at such discussions) independent public accountants, all upon reasonable notice and at such reasonable times during normal business hours and as often as may reasonably be requested; provided that, unless a so long as no Default or Event of Default has occurred and is continuing, Borrower such inspections shall not be required limited to pay the expense of any such visit by a representative of a Lender, and shall only be required to pay the expense of two such visits by a representative of once per year. Administrative Agent during and the Lenders shall give Holdings and Borrower the opportunity to participate in any Fiscal Yeardiscussions with any Credit Party’s independent public accountants.
Appears in 2 contracts
Samples: Term Loan and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement (TerraForm Power, Inc.)
Books and Records; Inspections. Each Credit Party will, and will cause each of its Subsidiaries to, keep proper books of record and accounts in which full, true and correct entries in conformity in all material respects with GAAP shall be made of all dealings and transactions in relation to its business and activities. Each Credit Party will, and will cause each of its Subsidiaries to, permit any authorized representatives designated by any Lender Purchaser (including the right to appoint third party agents) to visit and inspect any of the properties of any Credit Party and any of its respective Subsidiaries, to inspect, copy and take extracts from its and their financial and accounting records, and to discuss its and their affairs, finances and accounts with its and their officers and independent public accountants (so long as but only to the extent a representative of Holdings or Borrower Responsible Officer has been afforded provided a reasonable bona fide opportunity to be present at attend such discussions) independent public accountantsmeeting), all upon reasonable notice and at such reasonable times during normal business hours and as often as may reasonably be requested; provided thatprovided, unless a that so long as no Event of Default has occurred and is continuing, Borrower the Credit Parties shall not be required to pay permit or reimburse the expense of any Purchasers, taken as a whole, for more than one such visit by a representative of a Lender, and shall only be required to pay the expense of two such visits by a representative of Administrative Agent during or inspection in any Fiscal Yearcalendar year.
Appears in 1 contract
Samples: Note Purchase Agreement (Inspired Entertainment, Inc.)